In a petition under Article 227 challenging an order transferring civil suits, the High Court held that since the transfer order did not decide party rights, there was no scope for interference. The petition was dismissed.
None. The petition challenging the transfer order was dismissed.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6471 of 2019
Petitioner :- Ashok Kumar Lal Respondent :- Markandey Yadav And Another Counsel for Petitioner :- Rinki Gupta
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 11.03.2019 the District Judge, Varanasi has allowed application filed under Section 24 C.P.C. and has transferred Original Suit No. 177 of 2016 (Ashok Kumar Lal vs. Markandey Yadav & Another) pending before Additional Civil Judge (Senior Division), Court No. 1, Varanasi and Original Suit No. 599 of 2015 (Ashok Kumar Lal vs. Markandey Yadav & Another) pending before Additional Civil Judge (Senior Division), Court No.5, Varanasi for disposal by Additional Civil Judge (Senior Division) Court No. 7, Varanasi.
While passing the said order the District Judge has recorded specific finding that the property in dispute in both the suits is one and the same and the parties are almost identical. Both the courts were also vacant.
This Court, in exercise of supervisory power under Article 227 of the Constitution of India, is not inclined to interfere with the order of transfer of the suits to a particular court as the said order does not decide the rights of the parties.
The petition is accordingly dismissed .
Order Date :- 11.9.2019 VR
(Manoj Kumar Gupta, J.)
2 issues framed by the court
Whether the High Court should interfere with the District Judge's order transferring suits to a specific court under Article 227.
Whether an order transferring suits decides the rights of the parties and is thus amenable to judicial review under Article 227.
2 provisions across 2 enactments
Ashok Kumar Lal
Markandey Yadav
Another
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
